Are CBD Gummies Legal In Nebraska

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OUR Articles With marijuana laws evolving all around the country, new areas of the industry are being brought to light to be assessed for legality purposes. One of the most pertinent areas The signed Nebraska Hemp Farming Act allowed the cultivation and commercialization of hemp-derived CBD products with no more than 0.3% THC. Pure Craft CBD offers CBD Oil 1000mg & 2000mg flavored CBD tinctures, CBD Gummy Bears, CBD Oil for Dogs and more! Discover Pure Craft CBD PURE CRAFT BLOG

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With marijuana laws evolving all around the country, new areas of the industry are being brought to light to be assessed for legality purposes. One of the most pertinent areas being debated on is the legality and use of cannabidiol (CBD).

What is CBD?

CBD is one of an estimated 100-plus cannabinoids found in the marijuana plant that is extracted as the plant’s resin. A cannabinoid is defined as “any various chemical constituents (such as THC [tetrahydrocannabinol] or cannabinol) of cannabis or marijuana.” Unlike its more popular relative THC, CBD is non-psychotropic which means it does not produce the “high” that THC does. Therefore most industrial varieties of hemp contain minimal amounts of THC—usually less than 0.3%—with a CBD-to-THC ratio close to 10-to-1.

CBD Medical Usage

The main interest in CBD of late has come from its purported medical uses. Various studies have reported numerous medical ailments that have been relieved or reduced due to the ingestion of CBD. Earlier this year, the World Health Organization (WHO) released a report stating that CBD has several medical applications, with evidence suggesting the effective treatment of epilepsy and preliminary evidence of success in the treatment of cancer. WHO also noted that CBD exhibits no effects of abuse or dependence potential in humans, and no evidence exists showing recreational CBD use or public health concerns arising from CBD. However, despite the promising reports of the positive effects of CBD, it is still illegal on the federal scale and classified as a schedule I drug.

The federal law surrounding marijuana and the parts of the plant indicate the only parts that can be harvested and used legally is the stalk of the mature plant and sterilized seeds incapable of germination. However, the line is drawn hard here. Any resin, including CBD, that is extracted from the mature stalk is still considered marijuana and is therefore illegal. Regardless of mostly Internet-based arguments that CBD is legal under federal law, the Department of Justice maintains that CBD, along with all marijuana extracts, is still and always has been a Schedule I controlled substance.

Farm Bill

There is one exception to the federal laws surrounding marijuana however. Under the Agricultural Act of 2014, more commonly referred to as the “Farm Bill”, marijuana can be grown and harvested by institutes of higher education or a state’s department of agriculture to grow or cultivate “industrial hemp”. Importantly, the section defines “industrial hemp” to mean any Cannabis sativa L. plant, or any parts of the plant, whether growing or not, with a THC content of no more than 0.3%. The bill is to allow the state to closely regulate the growth and cultivation of extremely low-THC hemp for the purposes of research. Anyone growing the hemp—whether a University or an individual famer—must register and certify with the state while also using the hemp for research purposes.

With the passage of the “Farm Bill” the University of Nebraska saw its chance to conduct important and incredibly pertinent research on the ailments of CBD. Starting in May of 2015, the Nebraska Unicameral passed LB390 which created a pilot study though the University of Nebraska and Nebraska Medicine. The Medical Cannabidiol Pilot Study allows the University of Nebraska and Nebraska Medicine, and only those two, to produce or possess CBD for research purposes. In pursuit of this research, only the University of Nebraska Medical Center may test the CBD and only the Nebraska Medicine Research Pharmacy may dispense CBD for research purposes. Finally, only patients with intractable seizures and treatment resistant seizures may, with a physician’s order, obtain CBD under the Pilot Study.

Although the World Health Organization has recently released a statement that cannabidiol has several medically viable uses, is not prone to abuse and raises no public health concerns, the United States DEA has not moved CBD away from being a Schedule I controlled substance as it falls under the Controlled Substance Act’s definition of “marijuana”. This means at the federal level, CBD is still illegal to possess, use, manufacture or transport in interstate commerce. While the 2014 Farm Bill, in the eyes of some, created an exception through the growing and cultivating of industrial hemp a number of administrative regulations and public notices maintain that CBD is not legal at the federal level.

Nebraska Law

In terms of Nebraska law, CBD is slightly more legally available. This is because Nebraska’s version of a controlled substance act, the Uniform Controlled Substance Act, excludes CBD products that are approved by the FDA from the state’s definition of marijuana. This, coupled with the creation of the Medical CBD Pilot Study, allows certain medical patients to receive CBD medication as part of a research program into the viability of CBD medications. The state has also taken advantage of the opening created by the 2014 Farm Bill and created a CBD research program that allows secondary institutions to grow and cultivate industrial hemp for purposes of researching CBD. This means while CBD and its precursors are legal in limited situations, generally CBD is still illegal in the state of Nebraska.

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If you or a loved one has been the target of a cbd, marijuana, or other narcotic investigation, contact the aggressive experienced criminal defense attorneys at Berry Law.

Is CBD Legal in Nebraska? – August 2022

Under the Nebraska Hemp Farming Act, hemp-derived CBD oil and other products with 0.3% or less THC are legal in the state (6) .

The Nebraska Hemp Farming Act or Legal Bill 657 was signed into law in March 2019, allowing the cultivation and commercialization of hemp-derived CBD products with no more than 0.3% THC .

Following the 2018 Farm Bill , industrial hemp was removed from the Controlled Substances Act (CSA). CBD products with 0.3% or less THC became legal at the federal level (7) .

Meanwhile, marijuana remains a Schedule 1 drug under the CSA, given THC’s high risk for abuse because of its psychoactive effects (8) .

Despite industrial hemp ’s legalization, the Food and Drug Administration (FDA) does not approve the use of CBD products as dietary supplements.

The FDA issued memorandums warning companies that make unwarranted claims about CBD (9) .

To follow the FDA ’s regulations, most CBD brands provide disclaimers regarding CBD use on their websites.

While LB 657 only specifies that cultivator, processor-handler, and broker license applicants should be 18 years old, many CBD retailers often require users to be at least 18 to purchase CBD products (10) .

More research is needed to prove CBD’s effectiveness in treating various medical conditions.

Nebraska CBD Laws

The Nebraska Hemp Farming Act or Legal Bill 657 was approved by Governor Pete Ricketts (11) . This law allows farmers and businesses to cultivate, handle, and process hemp plants and sell hemp products for commercial purposes.

According to the law, hemp refers to the Cannabis sativa plant, including viable seeds and all derivatives , extracts, cannabinoids , acids, and salts, with no more than 0.3% THC on a dry weight basis.

The law is in line with the 2018 Farm Bill , which removes hemp from the Schedule 1 drug category (12) .

Before the approval of LB 657, the Nebraska Unicameral passed LB 390, allowing the University of Nebraska and Nebraska Medicine as the only entities that can produce or possess CBD for a pilot program or study (13) .

According to this bill, CBD could only be obtained from or tested at the University of Nebraska Medical Center and dispensed by the Nebraska Medicine Research Pharmacy.

Moreover, only patients with intractable seizures and treatment-resistant seizures could obtain CBD (14) . Qualified patients should have a written order from a physician licensed to practice medicine and surgery in Nebraska .

The use of Epidiolex, an FDA-approved CBD product, helps treat seizures associated with rare cases of epilepsy (15) .

In 2018, before LB 657 took effect, Nebraska Attorney General Doug Peterson released a memorandum to law enforcement. The memorandum emphasized that it was illegal to possess, manufacture, or distribute CBD in Nebraska.

However, with the recent enactment of LB 657, allowing the use and distribution of hemp-derived CBD products with 0.3% or less THC, CBD industries in the Cornhusker State are expected to grow (16) .

Note that while Nebraska law regulates the use of industrial hemp , cannabis or marijuana use remains illegal.

CBD Possession Limits in Nebraska

Possession of hemp-derived CBD in Nebraska is legal as long as the product comes from hemp cultivated under state regulations (17) .

Moreover, the transport of hemp-derived CBD products to Nebraska is allowed, given that they contain no more than 0.3% THC.

However, a peace officer may detain individuals carrying or transporting hemp if they fail to show their cultivator license or the necessary documentation.

Meanwhile, as marijuana remains a Schedule 1 drug, possession of one ounce or less is considered an infraction punishable by up to a $300 fine (18) .

More than one-ounce possession is a misdemeanor punishable by up to three months of imprisonment and a maximum fine of $500.

Moreover, possession of more than one pound is a felony punishable by up to five-year imprisonment and a maximum fine of $10,000.

Licensing Requirements

Before individuals can cultivate, process, market, or transport industrial hemp in the state of Nebraska , they must apply to the Nebraska Department of Agriculture .

The application should include the following details (19) :

  • Full name
  • Birthdate
  • Mailing address
  • Telephone number
  • Valid email address
  • Square footage of a greenhouse or indoor space for cultivation
  • Address, legal description, location ID, and GPS coordinates for each field
  • Maps showing each site where hemp will be cultivated

Applicants, both individuals and entities, should also pay a non-refundable application fee, site registration fee, and a site modification fee to the Department of Agriculture.

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Individual applicants must be at least 18 years old to be considered for the cultivator, processor-handler, and broker license applications.

All hemp-derived CBD products must undergo laboratory tests for THC concentration by a licensed testing facility approved by the department. Test results must indicate the location ID where the hemp was cultivated.

Penalties for selling or manufacturing marijuana and other controlled substance s in Nebraska include a $25,000 fine and imprisonment of one to twenty years (20) .

Testing Requirements

Before harvest, hemp plants should undergo testing by a licensed testing facility approved by the department.

When test results are adverse, the department may require a licensee to conduct further tests and may require harvest and destruction of those non-compliant plants (21) .

Buying CBD Legally

Before buying CBD hemp oil and other products in Nebraska , consumers must check if the CBD brand sources its hemp from licensed hemp growers.

The CBD product label and packaging should also include the amount of CBD per serving, net weight, list of ingredients, manufacturer’s name, recommended dosage, and CBD type.

Users should find the product’s certificate of analysis (COA), usually available on the brand’s website. Consumers can use the COA to verify the actual CBD content compared to the product label claim.

The COA must indicate that the product contains no more than 0.3% THC, following Nebraska law on hemp-derived CBD products .

How to Choose Which CBD Products to Buy

While CBD oil tinctures are the most common CBD product , various forms are available for users, including edibles, like gummies and chocolate bars, topicals like lotions, creams, and balms, vapes , and pet treats.

However, before buying CBD products in Nebraska , consumers should ensure that these products are sourced from licensed hemp growers.

Reliable CBD sellers are also transparent with their accreditation, licenses, and certifications from agencies like the US Hemp of Authority and the US Department of Agriculture (USDA). Membership to hemp organizations is another relevant factor in choosing CBD products.

Users must check whether the CBD products undergo third-party lab testing. High-quality CBD products contain the same or higher CBD concentration than what is advertised.

Third-party lab results must also indicate that the CBD products are free from pesticides, residual solvents, heavy metals, and other harmful contaminants.

Users should search for the CBD brand’s rating from the Better Business Bureau (BBB).

BBB-accredited brands show excellent customer service , transparency, and ethical business practices.

Where to Buy CBD Products Legally

While there are a few CBD shops available in Nebraska , these numbers are expected to grow following the enactment of LB 657.

Users can buy CBD products from state retailers or dispensaries. They can also buy CBD online through the brand’s official website.

The information on the product pages should help consumers check whether the brand’s products meet the requirements set in the Nebraska Hemp Farming Act.

Some health and wellness or CBD stores in Nebraska with at least an A rating from BBB include the following:

American Shaman Omaha

Phone: (402) 932-2144

Phone: (402) 932-2144

CBD Remedies

CBD Therapy for People and Pets

CBD brands with high ratings and accreditations from BBB are reliable as they are evaluated in transparency, customer service, and ethical business practices.

Understanding CBD

What Is CBD?

CBD is a nonpsychoactive compound found in Cannabis sativa plants . While CBD comes from either hemp or marijuana, CBD is more abundant in hemp.

CBD is known for its therapeutic benefits in medical conditions, such as epilepsy, anxiety, sleeping disorders, and schizophrenia (22) .

Despite CBD’s known benefits, the compound has its corresponding side effects, such as drowsiness, dry mouth, diarrhea, and fatigue (23) .

Users can choose from CBD oil products, topicals, edibles, and pet treats.

What Are the Types of CBD?

CBD products have three types: full-spectrum, broad-spectrum, and CBD isolates.

Full-spectrum CBD products contain a complete range of compounds, including CBD, THC, terpenes, and flavonoids.

Terpenes give cannabis plants’ unique aroma and flavor, while flavonoids are responsible for the vivid colors.

The complete range of compounds creates a synergy known as the “entourage effect,” which suggests a greater efficacy when taken together than individually (24) .

Broad-spectrum CBD is like full-spectrum CBD without THC. Thus, users can maximize the entourage effect while not worrying about THC’s euphoric effects.

CBD isolates are pure CBD extracted separately from all other cannabinoids. While these CBD products do not produce the entourage effect, users can maximize CBD’s benefits.

Before purchasing CBD products, users should consult healthcare providers for proper CBD use and dosage.

CBD vs. THC

Cannabidiol (CBD) is non-psychoactive, while THC induces psychoactive effects.

Cannabis or marijuana contains higher THC content. Thus, recreational or medical marijuana is often illegal because of potential abuse (25) .

Users should study laws from individual states and buy cannabis products in areas that allow the recreational use or medical use of marijuana.

Conclusion

Following the 2018 Farm Bill, CBD purchase is legal in all 50 states of the United States.

In Nebraska, hemp-derived CBD products regulated by the Nebraska Department of Agriculture are allowed.

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Moreover, in line with the 2018 Farm Bill, hemp products should contain no more than 0.3% THC.

Marijuana remains illegal in Nebraska, and possession, sale, or cultivation of the cannabis plant entails corresponding penalties and punishments.

Thus, users should study state laws and purchase cannabis products in states that legalize recreational or medical cannabis.

*All information shared in this article was retrieved in November 2020. Changes may occur when new regulations on CBD use come in.

Is CBD Oil Legal in Nebraska? (2022 CBD Laws)

Nebraska’s cannabis-permitting laws are late and lean compared to some other states. This is interesting given that NE was the first state in the Union to decriminalize it.

At any rate, hemp CBD with no more than 0.3% THC is legal in Nebraska. The state currently has no medical marijuana program or other permissions for therapeutic cannabis usage — but keep your eyes open for ballot measures in upcoming elections as there’s active support for this. Recreational marijuana is prohibited.

Nebraska CBD Laws At A Glance

Here are the mainthings all Nebraskans should know about CBD-related laws in the state:

• Hemp-derived CBD with ≤ 0.3% THC is legal.

• You’ll likely need to be 18+ to buy CBD.

• The state doesn’t have a medical cannabis program or any other means of legally allowing patients to access/use cannabis therapeutically.

• Recreational marijuana use is outlawed but possession has been decriminalized.

Is CBD Legal in Nebraska?

Nebraska’s stranglehold on all things cannabis is slowly easing. After loosening its grip slightly in the late 1960s and late 1970s, not much happened for many years. But, within the last decade, NE’s laws seem to be releasing the state’s clutch, like lifting one finger at a time.

Check out this brief highlights reel of Nebraska’s CBD-related legislation:

  • In 1969 and again in 1979, NE decriminalized cannabis possession. These laws relaxed penalties for first-time offenders.
  • The mid-2010s saw a couple failed attempts to change cannabis laws. Including trying to sue Colorado for the “spillover” effects of its legalization marijuana. (The Supreme Court nixed this lawsuit.) The second unsuccessful proposal was the 2015 Cannabis Compassion and Care Act (LB6 43).
  • LB 390, passed in 2015. Created a means for the University of Nebraska and Nebraska Medicine to produce and possess CBD for research purposes. This program did let certain qualifying patients participate in clinical studies.
  • The next big piece of legislation was the 2018 Farm Bill. This act federally legalized industrial hemp and its byproducts, including CBD, so long as they had 0.3% or less THC. However, at this point, NE articulated that hemp and CBD in the state were still strictly illicit.
  • In 2019, the state adopted the Nebraska Hemp Farming Act (LB 657), which established an industrial hemp program to be administered by the Nebraska Department of Agriculture. This statute was amended in 2020 (LB 1152). The legislation okayed the commercialization of low-THC hemp and its derivatives.
  • A medical cannabis program is still on Cornhuskers’ minds. A measure regarding this was supposed to be on the 2020 election ballot. However, the Nebraska Supreme Court invalidated it for technical reasons. It’s expected, though, that a new ballot measure will be included in a future election. Stay tuned!

Is CBD Legal In In Nebraska? CBD Shopper’s Guide

Looking to purchase CBD in Nebraska? You’re in luck! Hemp CBD products are legally available at state-licensed brick-and-mortar stores and dispensaries. Assuming there’s internet access in the Cornhusker State — and we’re pretty sure there is — you also have CBD online stores at your fingertips. Simply locate a trustworthy retailer and take your pick of shopping methods.

Purchase CBD At Brick & Mortar Stores

There’s a lot of things to love about Nebraska, and local access to CBD might be one of them. While there may not be too many places in your neighborhood to stock up on CBD, that’s bound to change soon. The recent changes in industrial hemp laws means eager sellers are probably queuing up at a licensing bureau right now.

So, it’s possible that you’ll begin to spy items containing CBD on the shelves of your neighborhood wellness shop or CBD dispensary. Since types and quality of CBD products can vary widely, find a store with knowledgeable staff and a good selection.

Buy CBD Online

Nebraska permits you to purchase CBD in person, but you might find it more convenient to buy CBD online. Whether you can’t find your favorite CBD products in nearby stores or just prefer the ease of filling a virtual cart, online shopping for CBD is a great option in Nebraska.

Speaking of which, you can safely buy CBD products online from Pure Craft. In fact, here are some high-quality CBD products that’re popular with Nebraskans near you:

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